• ITC Institutes Formal Enforcement Proceeding In Certain Digital Televisions (337-TA-617)
  • September 11, 2009 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On September 4, 2009, the U.S. International Trade Commission issued a notice instituting a formal enforcement proceeding relating to the limited exclusion order and cease and desist orders issued in Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same (Inv. No. 337-TA-617).

    As we explained in our April 14 and May 5 posts, on April 10, 2009, the Commission issued a notice of Commission Final Determination in this matter affirming ALJ Carl C. Charneski’s finding that Respondents Vizio, Inc., AmTran Technology Co., Ltd., Syntax-Brillian Corp., Taiwan Kolin Co., Ltd., Proview International Holdings, Ltd., Proview Technology (Shenzhen) Co., Ltd., Proview Technology, Ltd., TPV Technology, Ltd., TPV International (USA), Inc., Top Victory Electronics Co., Ltd., and Envision Peripherals, Inc. (collectively, “Respondents”) violated Section 337 as a result of infringement of U.S. Patent No. 6,115,074.  The Commission issued both a limited exclusion order and cease-and-desist orders against the Respondents.

    On August 14, 2009, Complainants Funai Electric Co., Ltd. and Funai Corporation (collectively, “Funai”) filed a complaint seeking enforcement proceedings under Commission Rule 210.75.  The complaint alleges that Respondents have violated the limited exclusion order and/or the cease and desist orders issued at the conclusion of the original investigation.

    In its September 4 notice, the Commission determined that Funai’s complaint complied with the requirements of Commission Rule 210.75 and thus “the Commission has determined to institute a formal enforcement proceeding to determine whether the [R]espondents are in violation of the Commission’s limited exclusion order and cease and desist orders issued in the investigation, and what, if any enforcement measures are appropriate.”